Browsing Law by Title
Now showing items 54-73 of 826
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The application of the Zweikondiktionentheorie and the Saldotheorie in the South African law of unjustified enrichment
(North-West University (South Africa), 2020)In the South African law of unjustified enrichment two theories are evident in instances where reciprocal performance were made. The two theories are the Zweikondiktionentheorie and the Saldotheorie. Both theories are ... -
Applying state responsibility for transboundary harm through an evolutionary lens
(North-West University, 2019)The Principle of State Responsibility and Liability For Transboundary Harm is a constantly evolving obligation on states. States can no longer exercise their sovereignty in such a way that it causes harm to another state's ... -
An appraisal of the judicial enforcement of environmental protection in Zimbabwe
(North-West University (South Africa), 2021)Zimbabwe is currently experiencing a myriad of environmental challenges such as water pollution, land pollution, air pollution, illegal mining, veld fires, deforestation, land degradation, an inadequate quantity and quality ... -
Arbeidsregtelike gevolge van die ontslag van 'n maatskappydirekteur
(North-West University, 2005)The purpose of this mini-dissertation is to explore the labour law consequences when a director of a company is dismissed. The underlying questions that come forward are: What legislation protects the director in his ... -
Artikel 7(3) van die Wet op Egskeiding 70 van 1979 en die verdeling van trustbates
(North-West University, 2005)No abstract available -
An assessment of the constitutionality of section 7(1)(c) of the Domestic Violence Act
(2014)Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a ... -
Assisted dying and moral principles : the quest for just and legitimate norms in constitutional interpretation
(2016)In this thesis the relationship between law and morality is examined, posing the question whether or not the law consists of - or to some extent at least includes - principles that can help an adjudicator to determine how ... -
The attainment of self-determination in African states by rebels
(2014)Self-determination is a peoples' right to freely determine their political, economic and cultural destiny without external interference. However, the cultivation of a culture of respect for self-determination remains the ... -
Australian Water Law as a potential model for combatting plastic waste pollution along South Africa's coastline
(North-West University (South Africa), 2020)The predominant role of the oceans, seas and marine resources as a source of life is recognised globally. The international community’s commitment to protect and conserve the ocean and its resources is demonstrated by the ... -
Automatically unfair dismissal of an individual employee under section 187(1)(c) of the Labour Relations Act 66 of 1995
(North-West University (South Africa), 2021)The right to fair labour practice is guaranteed in terms of section 23 of the Constitution. The right includes the rights of both employees and employers. In terms of the Labour Relations Act 66 of 1995, employees have the ... -
The balance between the principle of pacta sunt servanda and section 22 of the Constitution in a restraint of trade agreement
(2014)The focus of this discussion is whether there is still the need to enforce the restraint of trade agreements in their pre-Constitutional form. The dawn of the constitutional era has necessitated a re-examination of common ... -
Balancing employment equity goals with the state's duty to provide an efficient public service delivery
(North-West University, 2012) -
Banking confidentiality with reference to anti-money laundering and terrorist financing measures in South Africa and Lesotho
(North-West University, 2018)Money laundering and terrorist financing negatively affect the global economy. This has worsened in the dawn of globalisation and technological advancements as the origin of money becomes more difficult to track. Banks are ... -
Basic education in the language of choice : a contextual interpretation
(North-West University, 2010)This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice ... -
Begrafnisregte in die konteks van die Afrika Gewoontereg
(North-West University, 2011)Religious and cultural practices and values play an important role in funerals and how funerals should be conducted. This creates considerable conflict in the African customary law among heirs and family members when ... -
Die belang van belasting op toegevoegde waarde vir boedelbeplanning
(North-West University, 2003)In the context of estate planning value-added tax (VAT) is particularly of importance to the estate owner who either in his personal capacity is registered as a VAT vendor or who, although not a VAT vendor, conducts an ... -
Die belang van die definisie "gade" vir doeleindes van boedelbeplanning
(North-West University, 2008)Recent legislation and case law lead to great uncertainty regarding the scope and meaning of the word "spouse" in terms of South African law. Is only people married in terms of the Marriage Act regarded as "spouses", or ... -
Die belang van die eenjaartermynklousule vir die oordrag van 'n fidusiêre belang by boedelbeplanning
(North-West University, 2008) -
Die belastinggevolge van boedelsamesmelting
(2012)Estate massing is one of the estate planning instruments used by estate planners, especially with regards to marriages in community of property; nonetheless any two people (or more) may mass their whole estates or a part ... -
Benefit sharing in accordance with the Convention on Biological Diversity
(North-West University, 2006)The Convention on Biological Diversity (CBD) significantly enhanced the scope and potential effectiveness of the international legal regime for the conservation of biological diversity world wide together with the sustainable ...